Amendment JR2 SA2-SSA1-AB1

AB1-SSA1-SA2,469,16 949.03 (3) The department may order the payment of an award to a person who witnesses a violent crime involving death or great bodily harm, as defined in s. 939.22 (14).

AB1-SSA1-SA2, s. 938cj Section 938cj. 949.05 (1) (intro.) of the statutes is amended to read:

AB1-SSA1-SA2,469,23 949.05 (1) (intro.) In any case in which a person is injured or killed by an incident specified in s. 949.03 (1) (a), by any act or omission of any other person that is within the description of crimes under s. 949.03 (1) (b) or (d), or by any act or omission of any person that is within the description of the crime listed and the condition provided under s. 949.03 (1) (c), the department may order the payment of an award:

AB1-SSA1-SA2, s. 938cL Section 938cL. 949.05 (2) of the statutes is created to read:

AB1-SSA1-SA2,470,2 949.05 (2) The department may order the payment of an award to a child under s. 949.03 (2).

AB1-SSA1-SA2, s. 938cn Section 938cn. 949.05 (3) of the statutes is created to read:

AB1-SSA1-SA2,470,5 949.05 (3) The department may order the payment of an award to a person who witnesses a crime described in s. 949.03 (3).

AB1-SSA1-SA2, s. 938cp Section 938cp. 949.06 (1) (bf) of the statutes is created to read:

AB1-SSA1-SA2,470,11 949.06 (1) (bf) Up to one week of net salary for a person taking unpaid leave from work to care for a victim who has suffered personal injury as a result of conduct described in s. 949.03, if the victim is one of the person's family members, as defined in sub. (1m) (a), or if the person is the legal guardian for the victim. This benefit may not exceed $500 per incident.

AB1-SSA1-SA2, s. 938cr Section 938cr. 949.06 (1) (d) of the statutes is amended to read:

AB1-SSA1-SA2,470,15 949.06 (1) (d) Reasonable funeral and burial expenses, not to exceed $2,000 $3,000. The funeral and burial award may not be considered by the department under sub. (2).

AB1-SSA1-SA2, s. 938ct Section 938ct. 949.06 (1) (g) of the statutes is created to read:

AB1-SSA1-SA2,470,20 949.06 (1) (g) If a child has been the victim of a crime under s. 940.225, 948.02, 948.025, 948.03, 948.055, 948.06, 948.07, 948.08, 948.09, or 948.095, mental health treatment for the child's custodial parent or legal guardian that the parent or guardian obtains for himself or herself in response to the offense.

AB1-SSA1-SA2, s. 938cv Section 938cv. 949.06 (1c) of the statutes is created to read:

AB1-SSA1-SA2,470,25 949.06 (1c) The department may order the payment of an award to a person under s. 949.03 (2) for mental health treatment directly related to the child's reaction to observing or hearing an act of domestic abuse, as defined in s. 813.12 (1) (a). The department shall establish limits to awards under this subsection.

AB1-SSA1-SA2, s. 938cx Section 938cx. 949.06 (1e) of the statutes is created to read:

AB1-SSA1-SA2,471,5 949.06 (1e) The department may order the payment of an award to a person under s. 949.03 (3) for mental health treatment directly related to the person's reaction to witnessing the crime to which that section relates. The department shall establish limits to awards under this subsection.

AB1-SSA1-SA2, s. 938ec Section 938ec. 949.06 (5) (a) of the statutes is renumbered 949.06 (5) and amended to read:

AB1-SSA1-SA2,471,10 949.06 (5) Except as provided in pars. (b) to (e), the The department shall make awards under this section from the appropriations under s. 20.455 (5) (b), (kj), and (m).

AB1-SSA1-SA2, s. 938ee Section 938ee. 949.06 (5) (b), (c), (d) and (e) of the statutes are repealed.

AB1-SSA1-SA2, s. 938eg Section 938eg. 949.11 (3) of the statutes is renumbered 949.11 (3) (a) and amended to read:

AB1-SSA1-SA2,471,16 949.11 (3) (a) All Except as provided in par. (b), all hearings shall be open to the public unless, but the examiner and the department shall comply with s. 949.16 (2).

AB1-SSA1-SA2,471,20 (b) The hearing examiner may close a hearing or a portion of a hearing in a particular case the examiner determines that the hearing, or a portion thereof, shall be held in private having with regard to the fact that the offender has not been convicted or to the interest of the victim of an alleged sexual offense.

AB1-SSA1-SA2, s. 938ej Section 938ej. 949.16 of the statutes is renumbered 949.16 (1) and amended to read:

AB1-SSA1-SA2,472,2 949.16 (1) The Except as provided in sub. (2), the record of a proceeding before an examiner or the department under this chapter is a public record. Any record or report obtained by an examiner or the department, the confidentiality of which is protected by sub. (2) or any other law or rule, shall remain confidential.

AB1-SSA1-SA2, s. 938eL Section 938eL. 949.16 (2) of the statutes is created to read:

AB1-SSA1-SA2,472,6 949.16 (2) The examiner and the department shall keep confidential the address, the electronic address, and the telephone number of each victim, applicant, and member of the victim's family or household.

AB1-SSA1-SA2, s. 938en Section 938en. 950.04 (1v) (g) of the statutes is amended to read:

AB1-SSA1-SA2,472,10 950.04 (1v) (g) To have reasonable attempts made to notify the victim of hearings or court proceedings, as provided under ss. 302.113 (9g) (g) 2., 302.114 (6), 938.27 (4m) and (6), 938.273 (2), and 971.095 (3) and 972.14 (3) (b).".

AB1-SSA1-SA2,472,11 498. Page 293, line 14: after that line insert:

AB1-SSA1-SA2,472,12 " Section 939m. 950.04 (1v) (gm) of the statutes is created to read:

AB1-SSA1-SA2,472,14 950.04 (1v) (gm) To have reasonable attempts made to notify the victim of petitions for sentence adjustment as provided under s. 973.195 (1) (d) or (2) (c).".

AB1-SSA1-SA2,472,15 499. Page 293, line 18: after that line insert:

AB1-SSA1-SA2,472,16 " Section 940dg. 950.04 (1v) (ve) of the statutes is created to read:

AB1-SSA1-SA2,472,21 950.04 (1v) (ve) If a hearing is scheduled in response to a petition filed by the department of corrections under s. 973.032 (4m) (b) for permission to release a person from a placement in the intensive supervision program under s. 301.048 (3) (a) 1., to have the appropriate clerk of court send the victim a copy of a petition and notification of the hearing on that petition under s. 973.032 (4m) (c).".

AB1-SSA1-SA2,472,22 500. Page 293, line 18: after that line insert:

AB1-SSA1-SA2,472,23 " Section 940f. 950.08 (2g) (c) of the statutes is amended to read:

AB1-SSA1-SA2,473,7 950.08 (2g) (c) The address and telephone number of the intake worker, corporation counsel, or district attorney whom the victim may contact to obtain information concerning the rights of victims and to request notice of court proceedings under ss. 938.27 (4m) and (6), 938.273 (2), and 938.299 (1) (am) and 938.335 (3m) (b) or ss. or under s. 971.095 (3) and 972.14 (3) (b), whichever is applicable, and to request the opportunity to confer under ss. s. 938.245 (1m), 938.265, or 938.32 (1) (am) or under s. 971.095 (2), whichever is applicable.".

AB1-SSA1-SA2,473,8 501. Page 328, line 7: after that line insert:

AB1-SSA1-SA2,473,9 " Section 1112p. 972.14 (3) (b) of the statutes is amended to read:

AB1-SSA1-SA2,473,15 972.14 (3) (b) After a conviction, if If the district attorney knows of a victim of a crime to be considered at sentencing, the district attorney shall make a reasonable attempt to contact that person to inform him or her of the right to make or provide a statement under par. (a). Any failure to comply with this paragraph is not a ground for an appeal of a judgment of conviction or for any court to reverse or modify a judgment of conviction.".

AB1-SSA1-SA2,473,16 502. Page 332, line 13: after "under s." insert "301.048 (6) (c),".

AB1-SSA1-SA2,473,17 503. Page 332, line 13: after that line insert:

AB1-SSA1-SA2,473,18 " Section 1132m. 973.01 (5) of the statutes is amended to read:

AB1-SSA1-SA2,473,21 973.01 (5) Other extended supervision conditions. Whenever the court imposes a bifurcated sentence under sub. (1), the court may impose conditions upon the term of extended supervision, including drug treatment under s. 973.031.".

AB1-SSA1-SA2,473,23 504. Page 332, line 13: substitute "302.113 (9g), or 973.195 (1)" for "or 302.113 (9g)".

AB1-SSA1-SA2,474,2 505. Page 338, line 22: delete the material beginning with that line and ending with page 339, line 4, and substitute:

AB1-SSA1-SA2,474,9 "(10mm) Required findings of fact. (a) Except as provided in par. (b), the court shall make explicit findings of fact in open court and on the record to support each element of its sentencing decision, including its decision as to whether to impose a bifurcated sentence under s. 973.01 or to place a person on probation and its decision as to the length of a bifurcated sentence, including the length of each component of the bifurcated sentence, the amount of a fine, and the length of a term of probation.

AB1-SSA1-SA2,474,12 (b) If the court determines that is not in the interest of the defendant to make the findings of fact required under par. (a) in the defendant's presence, the court shall make the findings of fact in writing and include the written findings in the record.

AB1-SSA1-SA2,474,17 (11m) Standard of review on appeal. In an appeal from a court's sentencing decision, the appellate court shall reverse the sentencing decision if it determines that the sentencing court erroneously exercised its discretion in making the sentencing decision or there is not substantial evidence in the record to support the sentencing decision.".

AB1-SSA1-SA2,474,18 506. Page 339, line 9: after that line insert:

AB1-SSA1-SA2,474,19 " Section 1137m. 973.031 of the statutes is created to read:

AB1-SSA1-SA2,475,4 973.031 Court-ordered drug treatment. When the court imposes a sentence or places a person on probation for any offense committed on or after the effective date of this section .... [revisor inserts date], the court may order the person to participate in a drug treatment program as a condition of probation or, in the case of a person sentenced under s. 973.01, while the person is in prison or as a condition of extended supervision or both. The court may order the department to pay for the cost of drug treatment under this section from the appropriation under s. 20.410 (1) (a) for persons in jail or prison or under s. 20.410 (1) (b) for persons on probation or extended supervision.".

AB1-SSA1-SA2,475,5 507. Page 339, line 10: delete lines 10 to 13 and substitute:

AB1-SSA1-SA2,475,6 " Section 1137p. 973.032 (title) of the statutes is amended to read:

AB1-SSA1-SA2,475,8 973.032 (title) Sentence to Required participation in intensive sanctions program.

AB1-SSA1-SA2, s. 1137pb Section 1137pb. 973.032 (1) of the statutes is amended to read:

AB1-SSA1-SA2,475,16 973.032 (1) Sentence Authority to order. Beginning July 1, 1992, Except as provided in sub. (2), a court may sentence order a person who is convicted of a felony occurring on or after August 15, 1991, but before December 31, 1999, to participate in the intensive sanctions program under s. 301.048. If a person is convicted of a felony occurring on or after December 31, 1999, a court may not sentence the person to participate in the intensive sanctions program under s. 301.048 during the entire term of confinement in prison portion of the bifurcated sentence.

AB1-SSA1-SA2, s. 1137q Section 1137q. 973.032 (2) (a) of the statutes is amended to read:

AB1-SSA1-SA2,476,2 973.032 (2) (a) A court may sentence order a person to participate in the intensive sanctions program under sub. (1) if the department provides a presentence investigation report recommending that the person be sentenced to ordered to participate in the program. If the department does not make the recommendation, a court may order the department to assess and evaluate the person. After that assessment and evaluation, the court may sentence order the person to participate in the program unless the department objects on the ground that it recommends that the person be placed on probation.

AB1-SSA1-SA2, s. 1137r Section 1137r. 973.032 (2) (b) of the statutes is amended to read:

AB1-SSA1-SA2,476,9 973.032 (2) (b) Notwithstanding par. (a), the court may not sentence order a person to participate in the intensive sanctions program under sub. (1) if he or she is convicted of a felony punishable by life imprisonment or has at any time been convicted, adjudicated delinquent, or found not guilty or not responsible by reason of insanity or mental disease, defect, or illness for committing a violent offense, as defined in s. 301.048 (2) (bm).

AB1-SSA1-SA2, s. 1137s Section 1137s. 973.032 (3) (intro.) of the statutes is repealed.

AB1-SSA1-SA2, s. 1137t Section 1137t. 973.032 (3) (a) of the statutes is repealed.

AB1-SSA1-SA2, s. 1137u Section 1137u. 973.032 (3) (b) of the statutes is renumbered 973.032 (3) (b) (intro.) and amended to read:

AB1-SSA1-SA2,476,16 973.032 (3) (b) (intro.) The If the court orders a person to participate in the intensive sanctions program under sub. (1), the court shall provide a maximum period for placements do all of the following:

AB1-SSA1-SA2,476,18 1. Order that the person be placed under s. 301.048 (3) (a) 1., which may not exceed for at least one year unless the defendant waives this requirement.

AB1-SSA1-SA2, s. 1137um Section 1137um. 973.032 (3) (b) 2. of the statutes is created to read:

AB1-SSA1-SA2,476,22 973.032 (3) (b) 2. Subject to the limitation imposed under s. 301.048 (3) (bm) 2., specify the date on which the person is eligible for release from that placement under sub. (4m).

AB1-SSA1-SA2, s. 1137v Section 1137v. 973.032 (3) (c) 2. of the statutes is amended to read:

AB1-SSA1-SA2,477,3 973.032 (3) (c) 2. The court may prescribe reasonable and necessary conditions of the sentence in accordance with s. 301.048 (3) in an order issued under sub. (1), except the court may not specify a particular Type 1 prison, jail, camp, or facility where the offender is to be placed under s. 301.048 (3) (a) and the court may not restrict the department's authority under s. 301.048 (3) (b) or (c).

AB1-SSA1-SA2, s. 1137w Section 1137w. 973.032 (4) of the statutes is repealed.".

AB1-SSA1-SA2,477,5 508. Page 339, line 13: after that line insert:

AB1-SSA1-SA2,477,6 " Section 1138wh. 973.032 (4m) of the statutes is created to read:

AB1-SSA1-SA2,477,8 973.032 (4m) Release to community. (a) In this subsection, "victim" has the meaning given in s. 950.02 (4).

AB1-SSA1-SA2,477,12 (b) No earlier than 30 days before the date specified by the court under sub. (3) (b) 2., the department may petition the court for permission to release a person subject to an order under sub. (1) from a placement described under s. 301.048 (3) (a) 1.

AB1-SSA1-SA2,477,19 (c) Upon the filing of a petition under par. (b), the court, with or without a hearing, may authorize the department to release the person from his or her placement any time after the date specified under sub. (3) (b) 2. If the court schedules a hearing on the petition, the clerk of the circuit court in which the petition is filed shall send a copy of the petition and a notice of hearing to the victim of the crime committed by the inmate, if the victim has submitted a card under par. (e) requesting notification, at least 10 days before the date of the hearing.

AB1-SSA1-SA2,477,23 (d) The notice under par. (c) shall inform the victim that he or she may appear at the hearing and shall inform the victim of the manner in which he or she may provide written statements concerning the inmate's petition for release to extended supervision.

AB1-SSA1-SA2,478,10 (e) The director of state courts shall design and prepare cards for a victim to send to the clerk of the circuit court in which the inmate is convicted and sentenced. The cards shall have space for a victim to provide his or her name and address, the name of the applicable inmate and any other information the director of state courts determines is necessary. The director of state courts shall provide the cards, without charge, to clerks of circuit court. Clerks of circuit court shall provide the cards, without charge, to victims. Victims may send completed cards to the clerk of the circuit court in which the inmate was convicted and sentenced. All court records or portions of records that relate to mailing addresses of victims are not subject to inspection or copying under s. 19.35 (1).

AB1-SSA1-SA2,478,13 (f) If the court schedules a hearing on a petition filed under par. (b), the clerk of the court shall provide a copy of the petition and a notice of the hearing to the district attorney at least 10 days before the hearing.

AB1-SSA1-SA2, s. 1138x Section 1138x. 973.032 (5) of the statutes is repealed.

AB1-SSA1-SA2, s. 1138y Section 1138y. 973.032 (6) of the statutes is amended to read:

AB1-SSA1-SA2,478,19 973.032 (6) Credit. Any sentence credit under s. 973.155 (1) applies toward service of the period under sub. (3) (a) the term of confinement in prison portion of the bifurcated sentence of a person who is subject to this section but does not apply toward service of the period under sub. (3) (b).

AB1-SSA1-SA2, s. 1138z Section 1138z. 973.032 (7) of the statutes is created to read:

AB1-SSA1-SA2,478,25 973.032 (7) Participants on extended supervision. The court or the department may require a person ordered to participate in the intensive sanctions program under sub. (1) to remain in the intensive sanctions program as a condition of extended supervision, but subs. (2) to (6) do not apply to such persons once they are on extended supervision.".

AB1-SSA1-SA2,479,1 509. Page 339, line 17: after that line insert:

AB1-SSA1-SA2,479,2 " Section 1141m. 973.09 (6) of the statutes is created to read:

AB1-SSA1-SA2,479,4 973.09 (6) The court may require as a condition of probation that the person participate in a drug treatment program under s. 973.031.".

AB1-SSA1-SA2,479,5 510. Page 342, line 6: after that line insert: